Car accidents can change lives in an instant. One moment you’re driving home from work, the next you’re dealing with injuries, mounting medical bills, and calls from insurance adjusters. For many people, pursuing a lawsuit feels overwhelming — and one of the first questions that comes to mind is: How long will this take?
Below, our lawyers break down the timeline of how long a car accident lawsuit can take.
The truth is, no two car accident cases are identical. The timeline can range from a few months to several years, depending on the complexity of the case and the willingness of insurance companies to negotiate. In this article, we’ll break down the key stages of a car accident lawsuit, so you’ll know what to expect along the way.
Why Car Accident Lawsuits Take Time
Before diving into the timeline, it’s important to understand why these cases aren’t resolved overnight. Car accident lawsuits often involve:
- Medical treatment and recovery: Your lawyer can’t fully value your case until the extent of your injuries and future care needs are clear.
- Insurance investigations: Insurance companies will review police reports, interview witnesses, and analyze medical records before even considering settlement.
- Disputes over liability: If there’s disagreement about who caused the crash, the case will naturally take longer.
- Court schedules: If the case proceeds to trial, courts are often backlogged, adding months (or even years) to the process.
Step 1: Seeking Medical Treatment (Weeks To Months)
The first step after any accident is always medical care. Even if you feel fine, injuries like whiplash, concussions, or internal bleeding may not show symptoms right away.
Doctors’ evaluations create a medical record, which serves as vital evidence for your case. In most lawsuits, your attorney will wait until you’ve reached “maximum medical improvement” (MMI) — the point at which you’ve recovered as much as you’re likely to — before pushing for settlement.
This stage alone can take weeks or several months, especially if surgeries, physical therapy, or long-term care are involved.
Step 2: Hiring An Attorney And Investigation (1–3 Months)
Once you hire an attorney, they’ll begin gathering the evidence needed to build a strong case. This typically includes:
- Police reports
- Witness statements
- Photos and videos from the accident scene
- Medical records and bills
- Employment records showing lost wages
Your lawyer may also bring in accident reconstruction experts or medical professionals to provide testimony if liability or injury severity is contested.
This stage usually takes a month or two, but if key evidence is delayed (like medical records), it can stretch longer.
Step 3: Filing The Lawsuit (Immediate To 1 Month)
If settlement negotiations with the insurance company stall, your attorney will file a lawsuit in civil court. Filing is relatively quick; it usually takes a few weeks to draft and submit the complaint.
Once filed, the defendant (usually the at-fault driver’s insurance company) has a set period, typically 20–30 days, to respond. This response may admit fault, deny allegations, or raise defenses.
Step 4: The Discovery Phase (6–12 Months)
Discovery is often the longest stage of a car accident lawsuit. During this time, both sides exchange evidence and information. Discovery includes:
- Interrogatories: Written questions each side must answer under oath.
- Depositions: Witnesses and parties are questioned by attorneys in person.
- Requests for documents: Medical bills, accident reports, employment records, and more.
This phase can last anywhere from six months to over a year. If disputes arise (for example, over access to certain documents), the process slows even more.
Step 5: Settlement Negotiations (Anytime, Often 6–18 Months)
Settlement can happen at any point in the lawsuit, even the day before trial. In fact, most car accident cases settle before ever reaching a courtroom.
During negotiations, your attorney will present evidence of damages such as:
- Medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Long-term disability or reduced quality of life
Insurance companies may try to stall, deny, or minimize claims. An experienced attorney knows these tactics and fights to ensure clients receive fair compensation.
Read our guide on how lawyers help with car accident claims.
Step 6: Mediation Or Alternative Dispute Resolution (2–3 Months)
If settlement discussions stall, courts may require mediation. This is a process where a neutral third party (mediator) helps both sides reach an agreement.
Mediation is faster and less expensive than trial, but it still requires preparation and scheduling, which can add a few more months to the timeline.
Step 7: Trial (1–2 Years After Filing)
If all else fails, the case goes to trial. Trials are the most time-consuming stage, often delayed by busy court calendars. Depending on the jurisdiction, it could be one to two years after filing before your case is heard.
Trials themselves can last a few days to several weeks, depending on complexity. While trials can result in higher compensation, they are also riskier, which is why many cases settle beforehand.
Factors That Can Speed Up Or Delay A Case
While every case is unique, here are some common factors that impact the timeline:
- Clear liability (for example, rear-end collisions) = usually faster resolution
- Disputed liability (like multi-vehicle accidents) = longer case
- Severity of injuries = longer medical treatment, bigger damages, longer timeline
- Cooperation of insurance companies = some drag cases out deliberately
Average Timeline For A Car Accident Lawsuit
- Medical Treatment: 1–6 months
- Investigation: 1–3 months
- Filing the Lawsuit: 1 month
- Discovery: 6–12 months
- Settlement Negotiations: Ongoing
- Mediation: 2–3 months
- Trial: 1–2 years after filing
Total: Anywhere from 6 months to 3 years
Why Having An Attorney Matters
Car accident lawsuits are complex, and insurance companies know how to exploit delays. Having an attorney ensures that:
- Deadlines are met
- Evidence is preserved
- Settlement offers are evaluated fairly
- The case moves forward even if insurers try to stall\
Without representation, victims risk accepting lowball settlements or missing opportunities for full compensation.
Patience And Preparation Matter
Car accident lawsuits don’t resolve overnight — and for good reasons. Building a strong case requires medical evidence, careful investigation, and often, persistence against insurance company tactics. While some cases settle in under a year, others take longer, especially if trial becomes necessary.
The key takeaway? Patience and preparation matter. With an experienced car accident lawyer by your side, you can focus on recovery while they handle the complexities of the legal process.